George Zimmerman's attorneys are finishing up their defense of the Florida neighborhood watch volunteer charged with killing Trayvon Martin, though the judge first must rule on two requests by defense attorneys.
Judge Debra Nelson still has to decide if jurors should be allowed to view an animation that depicts Zimmerman's fight with Martin, the teenager killed in a gated community in Sanford, Fla., last year. The second issue is whether she will allow Martin's text messages that purportedly deal with fighting. The judge said she would rule on both matters Wednesday.
Prosecutors opposed the introduction of the animation, which shows Zimmerman's version of the confrontation, saying it was inaccurate and would confuse jurors. Prosecutors also don't want jurors to learn about the texts, claiming they are misleading and prejudicial.
Defense attorney Don West argued late Tuesday that the texts were relevant because "it relates to his physical capabilities, his knowledge of fighting."
As an evidence hearing with jurors out of the courtroom dragged past 10 p.m. Tuesday, defense attorney Don West complained that the defense hadn't been given Martin's cellphone data by prosecutors in a timely manner, which would have allowed them to authenticate the messages.
"It's simply unfair for Mr. Zimmerman not to be able to put on his defense because of these tactics," West said.
When a frustrated Nelson abruptly told the attorneys that she would rule Wednesday, West continued to address her after she'd officially adjourned court for the evening. He complained about a schedule that had lawyers working weekends and taking multiple depositions during the trial, for which jurors have been sequestered.
Prosecutor John Guy said jurors shouldn't be presented with the text messages and photos of a gun found on Martin's phone, as well as a Facebook posting from a half-brother asking Martin when he was going to teach him how to fight.
Zimmerman attorney Mark O'Mara said Tuesday the defense likely would wrap up its case Wednesday -- but gave no indication if the former neighborhood watch volunteer would take the stand at his murder trial. Jurors have already seen video of Zimmerman giving his side of the story to police investigators.
O'Mara's statement followed testimony from one of Zimmerman's former Florida neighbors, Eloise Dilligard, that Zimmerman's "nose was very disfigured" and blood covered much of his face immediately after his deadly confrontation with Trayvon Martin.
Zimmerman, 29, who has pleaded not guilty to second-degree murder, claiming he was acting in self-defense, faces life in prison if convicted.
The defense opened its case last Friday, and if it keeps to the schedule anticipated by O'Mara, its presentation will take about half the time of the prosecution.
Dilligard, whose testimony was beamed into the courtroom via the Web because of an undisclosed health problem, said she went to the crime scene immediately after the Feb. 26, 2012 incident, and saw several residents of the gated community milling around. She said a police officer came up to her and asked for help identifying "someone who may know the people involved in the shooting."
"His nose was very disfigured," testified Dilligard, who also said she believes it was Zimmerman's voice that could be heard screaming on a 911 tape.
Dilligard said she tried to go tell Zimmerman's wife that the neighborhood watch volunteer had been involved in a shooting, but found she was not home.
Earlier, a forensic expert testified Tuesday that Martin's gunshot wound indicated that he was likely on top of Zimmerman when the neighborhood watch volunteer shot him. Forensic pathologist Dr. Vincent DiMaio, an expert on gunshot wounds who has written and co-authored several articles and a book on the subject, said the single shot that killed the Florida teen passed through Martin's clothing as it hung 2-4 inches from his skin, indicating that Martin was over Zimmerman and leaning forward.
"If you’re lying on your back, the clothing is going to be against your chest," DiMaio testified. "So the fact that we know the clothing was 2 to 4 inches away is consistent with someone leaning over the person doing the shooting."
DiMaio also testified that Martin likely remained conscious for 10-15 seconds after the shot, and may have been alive for as long as 3 minutes, according to the forensic evidence.
DiMaio stated that he agreed "100 percent" with the firearms examiner, who concluded the weapon was discharged against Martin's clothing; and he explained the gun was fired 2 to 4 inches away from the skin, according to powder tattooing around the wound.
"My opinion is that that muzzle of the gun was 2 to 4 inches away from the skin," DiMaio testified. "So, the barrel of the gun was against the clothing, but the clothing itself had to be 2 to 4 inches away from the body at the time Mr. Martin was shot."
DiMaio further explained that if the clothing was wet, it would be heavier and would hang more. It was raining heavily on the night of the confrontation.
DiMaio also said that if clothes taken into evidence are wet and packaged in plastic bags, and not paper bags, it can ruin the samples since "bacteria multiplies and you get mold and it stinks to high heaven."
Defense attorneys contend DNA evidence found on Martin's hooded sweatshirt and undershirt was degraded since the clothing wasn't packaged properly.
Under cross-examination, DiMaio conceded that the gunshot could also be consistent with Martin pulling away from Zimmerman, and that he didn't rely on statements from some Zimmerman neighbors who say Zimmerman was on top of Martin to reach his conclusion. The pathologist, who also has testified at the murder trials of Illinois police sergeant Drew Peterson and record producer Phil Spector, said he had been paid $2,400 by the defense.
DiMaio explained that this case is more about determining whether the physical evidence is consistent with Zimmerman's account of the fatal shooting.
"The wound itself, by the gap and the powder tattooing, in the face of contact with the clothing indicates that this is consistent with Mr. Zimmerman's account that Mr. Martin was over him, leaning forward at the time he was shot," DiMaio said.
Prosecutor Bernie de la Rionda hammered DiMaio over his testimony during cross-examination.
"You can't testify who threw the first punch, or whether there was a first punch thrown," de la Rionda said. DiMaio answered, "That's correct."
DiMaio also testified that lacerations to the back Zimmerman's head were consistent with his head striking a concrete sidewalk. Later, when looking at photos of Zimmerman's injuries taken the night of the shooting, DiMaio identified six separate impacts to Zimmerman's face and head. He said a nose injury could have come from being punched.
GAVEL-TO-GAVEL COVERAGE: ZIMMERMAN TRIAL
Sanford City Manager Norton Bonaparte was also called to testify for the defense on Tuesday to describe the circumstances of how Martin's family came to hear the 911 tapes that captured screams from the fatal confrontation.
Bonaparte said he played the 911 tapes while members of Martin's family sat together at City Hall. He played them as a courtesy before they were released publicly.
Nelson denied a motion by prosecutors on Monday to keep toxicology results showing THC in Martin's system from the jury, paving the way for Zimmerman's lawyers to argue the drug may have influenced the teen's behavior. Defense attorney Don West noted that in Zimmerman’s statement to the non-emergency 911 dispatcher that it appeared the person he was observing in the Sanford, Fla., community was "on drugs."
Fox News' Brooke Gard, Joshua Rhett Miller, Serafin Gomez and The Associated Press contributed to this report.
Judge Debra Nelson still has to decide if jurors should be allowed to view an animation that depicts Zimmerman's fight with Martin, the teenager killed in a gated community in Sanford, Fla., last year. The second issue is whether she will allow Martin's text messages that purportedly deal with fighting. The judge said she would rule on both matters Wednesday.
Prosecutors opposed the introduction of the animation, which shows Zimmerman's version of the confrontation, saying it was inaccurate and would confuse jurors. Prosecutors also don't want jurors to learn about the texts, claiming they are misleading and prejudicial.
Defense attorney Don West argued late Tuesday that the texts were relevant because "it relates to his physical capabilities, his knowledge of fighting."
As an evidence hearing with jurors out of the courtroom dragged past 10 p.m. Tuesday, defense attorney Don West complained that the defense hadn't been given Martin's cellphone data by prosecutors in a timely manner, which would have allowed them to authenticate the messages.
"It's simply unfair for Mr. Zimmerman not to be able to put on his defense because of these tactics," West said.
When a frustrated Nelson abruptly told the attorneys that she would rule Wednesday, West continued to address her after she'd officially adjourned court for the evening. He complained about a schedule that had lawyers working weekends and taking multiple depositions during the trial, for which jurors have been sequestered.
Prosecutor John Guy said jurors shouldn't be presented with the text messages and photos of a gun found on Martin's phone, as well as a Facebook posting from a half-brother asking Martin when he was going to teach him how to fight.
Zimmerman attorney Mark O'Mara said Tuesday the defense likely would wrap up its case Wednesday -- but gave no indication if the former neighborhood watch volunteer would take the stand at his murder trial. Jurors have already seen video of Zimmerman giving his side of the story to police investigators.
O'Mara's statement followed testimony from one of Zimmerman's former Florida neighbors, Eloise Dilligard, that Zimmerman's "nose was very disfigured" and blood covered much of his face immediately after his deadly confrontation with Trayvon Martin.
Zimmerman, 29, who has pleaded not guilty to second-degree murder, claiming he was acting in self-defense, faces life in prison if convicted.
The defense opened its case last Friday, and if it keeps to the schedule anticipated by O'Mara, its presentation will take about half the time of the prosecution.
Dilligard, whose testimony was beamed into the courtroom via the Web because of an undisclosed health problem, said she went to the crime scene immediately after the Feb. 26, 2012 incident, and saw several residents of the gated community milling around. She said a police officer came up to her and asked for help identifying "someone who may know the people involved in the shooting."
"His nose was very disfigured," testified Dilligard, who also said she believes it was Zimmerman's voice that could be heard screaming on a 911 tape.
Dilligard said she tried to go tell Zimmerman's wife that the neighborhood watch volunteer had been involved in a shooting, but found she was not home.
Earlier, a forensic expert testified Tuesday that Martin's gunshot wound indicated that he was likely on top of Zimmerman when the neighborhood watch volunteer shot him. Forensic pathologist Dr. Vincent DiMaio, an expert on gunshot wounds who has written and co-authored several articles and a book on the subject, said the single shot that killed the Florida teen passed through Martin's clothing as it hung 2-4 inches from his skin, indicating that Martin was over Zimmerman and leaning forward.
"If you’re lying on your back, the clothing is going to be against your chest," DiMaio testified. "So the fact that we know the clothing was 2 to 4 inches away is consistent with someone leaning over the person doing the shooting."
DiMaio also testified that Martin likely remained conscious for 10-15 seconds after the shot, and may have been alive for as long as 3 minutes, according to the forensic evidence.
DiMaio stated that he agreed "100 percent" with the firearms examiner, who concluded the weapon was discharged against Martin's clothing; and he explained the gun was fired 2 to 4 inches away from the skin, according to powder tattooing around the wound.
"My opinion is that that muzzle of the gun was 2 to 4 inches away from the skin," DiMaio testified. "So, the barrel of the gun was against the clothing, but the clothing itself had to be 2 to 4 inches away from the body at the time Mr. Martin was shot."
DiMaio further explained that if the clothing was wet, it would be heavier and would hang more. It was raining heavily on the night of the confrontation.
DiMaio also said that if clothes taken into evidence are wet and packaged in plastic bags, and not paper bags, it can ruin the samples since "bacteria multiplies and you get mold and it stinks to high heaven."
Defense attorneys contend DNA evidence found on Martin's hooded sweatshirt and undershirt was degraded since the clothing wasn't packaged properly.
Under cross-examination, DiMaio conceded that the gunshot could also be consistent with Martin pulling away from Zimmerman, and that he didn't rely on statements from some Zimmerman neighbors who say Zimmerman was on top of Martin to reach his conclusion. The pathologist, who also has testified at the murder trials of Illinois police sergeant Drew Peterson and record producer Phil Spector, said he had been paid $2,400 by the defense.
DiMaio explained that this case is more about determining whether the physical evidence is consistent with Zimmerman's account of the fatal shooting.
"The wound itself, by the gap and the powder tattooing, in the face of contact with the clothing indicates that this is consistent with Mr. Zimmerman's account that Mr. Martin was over him, leaning forward at the time he was shot," DiMaio said.
Prosecutor Bernie de la Rionda hammered DiMaio over his testimony during cross-examination.
"You can't testify who threw the first punch, or whether there was a first punch thrown," de la Rionda said. DiMaio answered, "That's correct."
DiMaio also testified that lacerations to the back Zimmerman's head were consistent with his head striking a concrete sidewalk. Later, when looking at photos of Zimmerman's injuries taken the night of the shooting, DiMaio identified six separate impacts to Zimmerman's face and head. He said a nose injury could have come from being punched.
GAVEL-TO-GAVEL COVERAGE: ZIMMERMAN TRIAL
Sanford City Manager Norton Bonaparte was also called to testify for the defense on Tuesday to describe the circumstances of how Martin's family came to hear the 911 tapes that captured screams from the fatal confrontation.
Bonaparte said he played the 911 tapes while members of Martin's family sat together at City Hall. He played them as a courtesy before they were released publicly.
Nelson denied a motion by prosecutors on Monday to keep toxicology results showing THC in Martin's system from the jury, paving the way for Zimmerman's lawyers to argue the drug may have influenced the teen's behavior. Defense attorney Don West noted that in Zimmerman’s statement to the non-emergency 911 dispatcher that it appeared the person he was observing in the Sanford, Fla., community was "on drugs."
Fox News' Brooke Gard, Joshua Rhett Miller, Serafin Gomez and The Associated Press contributed to this report.